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Holding Distribution Utilities Liable for Outage Costs: An Economic Look

  • Brennan, Timothy J.

    ()

    (Resources for the Future)

Storm-related service outages in electricity and telecommunications have created public controversies regarding the adequacy of ex ante efforts to prevent outages and ex post efforts to restore power. Product liability rules, used to promote quality of service throughout the economy, might seem to offer a solution to this problem in the utility context. Strict liability rules avoid the need for determining whether utilities were appropriately careful but increase ratepayer costs because of moral hazard and, in effect, force ratepayers to buy outage insurance from the utility. By leaving customers exposed to damage, negligence rules can avoid these shortcomings but force upon regulators and courts the need to make difficult decisions regarding efficient care levels. Profit regulation, risk aversion, regulatory commitment failures, and distributional considerations add further complications. Still, the consideration of liability rules may provide worthwhile reminders that increased reliability is neither free nor guaranteed by public provision of service.

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Paper provided by Resources For the Future in its series Discussion Papers with number dp-13-16.

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Date of creation: 05 Jul 2013
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Handle: RePEc:rff:dpaper:dp-13-16
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  1. Timothy J. Brennan, 2009. "Optimal Energy Efficiency Policies and Regulatory Demand-Side Management Tests: How Well Do They Match?," UMBC Economics Department Working Papers 09-109, UMBC Department of Economics, revised 01 Jan 2009.
  2. David Sappington, 2005. "Regulating Service Quality: A Survey," Journal of Regulatory Economics, Springer, vol. 27(2), pages 123-154, November.
  3. Timothy Brennan, 2010. "Decoupling in electric utilities," Journal of Regulatory Economics, Springer, vol. 38(1), pages 49-69, August.
  4. Joskow Paul L., 2008. "Incentive Regulation and Its Application to Electricity Networks," Review of Network Economics, De Gruyter, vol. 7(4), pages 1-14, December.
  5. Brennan, Timothy J, 1989. "Regulating by Capping Prices," Journal of Regulatory Economics, Springer, vol. 1(2), pages 133-47, June.
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